Answer each Question from Health Law and Ethics

francisgon44

SLID_CH0211.pptx

Home >Law homework help >Answer each Question from Health Law and Ethics

CHAPTER 2

Government, Law, and Ethics

Laws are the very bulwarks of liberty; they define every man’s rights, and defend the individual Liberties of all men.

—J. G. Holland

Learning Objectives (1 of 2)

Explain the development and sources of law.

Discuss how case law differs from statutory and administrative law.

Describe what is meant by conflict of laws.

Describe the three branches of government.

Describe what is meant by separation of powers.

Learning Objectives (2 of 2)

Describe the organizational structure of the U.S. Department of Health and Human Services.

Describe the functions of various government ethics committees.

Explain the term political malpractice.

The Law

A system of principles and processes by which people in a society deal with disputes and problems, seeking to solve or settle them without resorting to force.

Public and Private Law

Public law

Laws that deal with the relationships between individuals and the government and relationships between individuals that are of direct concern to the public (e.g., administrative, constitutional, criminal, and tax laws)

Private law

Laws that deal with the recognition and enforcement of the rights and duties of and between private individuals

Public Policy: A Principle of Law

Law that holds that no one can lawfully do that which tends to be injurious to the public or against the public good.

Sources of Law

Common law: Derived from judicial decisions

Statutory law: Written laws

Administrative law: Public law, rules, and regulations issued by administrative agencies to direct the enacted laws of the federal and state governments

The Law of England

Law reflects to a large degree the civilization of those who live under it.

Its progress and development are mirrors, not merely of material prosperity, but of the method of thought and of the outlook of the age.

English Law (1 of 2)

English law is as varied as the nations who have peopled its land:

Romans

Saxons

Danes

Normans

English Law (2 of 2)

System of national law based on:

Custom

Foreign literature

Rule of strong kings

Common Law in England

Few written laws

Law developed from court decisions

Became known as “common law”

Subsequent cases based on prior decisions

Common Law in the United States

Body of principles that has evolved and expanded from judicial decisions

Origins in English common law

Decision in one state is NOT binding in other states.

Common Law Principles

Precedent

A judicial decision that may be used as a standard in subsequent similar cases

Res judicata

Means the thing is decided—refers to that which has been previously acted on or decided by the courts

Stare decisis

Common law principle meaning let the decision stand

Based on similar cases and fact patterns

Statutory Law

Written law emanating from a legislative body

Hierarchical order

U.S. Constitution highest in hierarchy of laws

State constitutions

Article VI of the Constitution

This Constitution and Law of the United States . . . shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby . . .

Administrative Law

Extensive body of public law issued by administrative agencies to direct the enacted laws of the federal and state governments

Administrative Procedures Act (1 of 2)

Describes different procedures under which federal administrative agencies must operate

Prescribes procedural responsibilities and authority of administrative agencies

Administrative Procedures Act (2 of 2)

Provides legal remedies for those wronged by agency actions

Rules and regulations established by administrative agency must be administered within scope of authority delegated by Congress.

Conflict of Laws

When state and federal laws conflict, resolution is sought in appropriate federal court.

Government Organization

Legislative	Executive	Judicial
Write laws	Veto laws	Declare laws constitutional or unconstitutional
Enact laws	Wage war	Interpret laws
Confirm justices	Appoint justices	Apply laws
Enact taxes and set the budget	Refuse certain expenditures	Compel testimony

Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question.

—Alexis de Tocqueville (1805–1859)

Judicial Branch

. . . When government bureaus and agencies go awry, which are adjuncts of the legislative or executive branches, the people flee to the third branch, their courts, for solace and justice.

—Justice J. Henderson, Supreme Court of South Dakota

Federal Court System

U.S. District Court

U.S. Court of Appeals

U.S. Supreme Court

U.S. District Court

Trial courts of the federal system

94 district courts in 50 states

1 in District of Columbia

1 in Puerto Rico

Civil, criminal, admiralty, and bankruptcy cases

U.S. Court of Appeals

Created to help reduce workload of U.S. Supreme Court

12 regional courts

1 judicial circuit in District of Columbia

Reviews

District court decisions

Administrative agency decisions

U.S. Supreme Court

Highest federal court

Only court created by federal constitution

Composed of eight Associate Justices and one Chief Justice

Separation of Powers: Model for Government

Under this model, government is divided into branches.

Each branch:

Has separate and independent powers

Has separate areas of responsibility

Is able to place limited restraints on the power exerted by the other branches

U.S. Department of Health and Human Services

Administration on Aging

Centers for Medicare and Medicaid Services

Health Insurance Portability and Accountability Act of 1996 (HIPAA)

U.S. Public Health Service

Public Health Service

National Institutes of Health

Centers for Disease Control and Prevention

Food and Drug Administration

Substance Abuse and Mental Health Services Administration

Health Resources and Services Administration

Agency for Healthcare Research and Quality

Agency for Toxic Substances and Disease Registry

Indian Health Service

Government Ethics Committees

Executive Branch

Office of Government Ethics

U.S. House of Representatives

Committee on Ethics

U.S. Senate

Senate Select Committee on Ethics

U.S. Judicial Code of Conduct

Office of Congressional Ethics

Independent, nonpartisan office

Governed by a board composed of private citizens

Provides public review and insight into ethical conduct of members of the House of Representatives

Reviews allegations of misconduct against members, officers, and staff of the House and, when appropriate, refers matters to the House Committee on Ethics

State Ethics Committees

Hear complaints of ethics violations by legislators

Investigate complaints and impose penalties for ethics-related violations

Political Malpractice (1 of 2)

Nothing is politically right which is morally wrong.

—Daniel O’Connell (1755–1847)

Political Malpractice (2 of 2)

Negligent conduct by an elected or appointed political official

Duty

Breach

Injury

Causation

Ethicists in Public Service

An independent, unbiased, professionally trained decision maker seen as an “outsider” may be more acceptable to councils, mayors, citizens, employees, or the press than one derived from inside the political process.

Review Questions (1 of 2)

Define the term law and describe the sources from which law is derived.

Define the legal terms precedent, res judicata, stare decisis, original jurisdiction, and appellate jurisdiction.

Describe the function of the three branches of government.

Review Questions (2 of 2)

What is the meaning of separation of powers?

What is the function of an administrative agency?

Describe why the Department of Health and Human Services was created.

What is meant by political malpractice? Provide an example how it might apply in the healthcare setting.

Answer each Question from Health Law and Ethics

image1.png